Honorable Maurice Bullock
County Attorney
Pecos County
Pecos, Texas
Dear Sir: Opinion No. O-3119
Re: Does exfsting law authorize Pecos
County to buy automobiles, pick-
ups, or trucks to be used by the
county commissioners acting as
their own road superintendents
and likewise is the county author-
ized to pay the expenses of such
commissioners incurred in operat-
ing their own private automobiles
when acting a8 their own road
superintendents?
Your recent request for an opinion o,f this department
upon the above stated question has been received.
We quo,te from your letter as follows:
"I find that in your Opinion No. O-752 dated
May 16, 1939, addressed to the Honorable Robert
F. Cherry, County Attorney, Bosque County, you
rendered the following ruling:
"'You are respectfully advised that it is
the opinion of this department that the commis-
sioners' court in counties operating under the
general road law of this state are not empowered
or authorized to buy automobiles, pick-ups or
trucks for the county to be used by the commis-
sioners in the performance of their duties as
county commissioners, nor is the county author-
ized to pay the expenses of such commissioners,
incurred by them in the operation of their own
private automobiles in the conduct of their of-
fice,'
Pecos County is operating under the general
road law. For several years each of the County
Commissioners of Pecos County, Texas, has been
Honorable Maurice Bullock, page 2 O-3119
performing the actual services of personally
superintending and directing all operations of
constructing, maintaining and operating county
roads within his respective precinct. In other
words, they take the position that in this man-
ner they can dispense with the services of a
superintendent for each precinct by performing
these duties personally rather than by hiring an
employee for this work. It has been suggested
that under these circumstances the law as ex-
pressed in your opinion above referred to does
not apply to the situation in Pecos County.
"Will you pleas8 Inform us at your earliest
convenience whether or not in your opinion ex-
isting law aUthOPiZ8s Pecos County to buy auto-
mobiles , pick-ups, or trucks to be used by the
County Commissioners acting as their own road
superintendents and likeWis8 whether or not the
county is authorized to pay the expenses of such
Commissioners incurred by them in operating
their own private automobile when acting as
their own road superintendent."
Pecos County is operating under the general road law.
The fact that the commissioners of said county are performing
the actual service of personally superintending and directing
all operations of construction, etc., as above indicated, with-
in their respective precincts is immaterial. This department
has heretofore ruled upon a number of questions very similar
to the question presented in your inquiry. For your informa-
tion, we are enclosing herew,ith copies of our opinions Nos.
o-752, o-996, O-1918 and O-2562, touching the question consid-
ered here.
In Vi8W of the above mentioned opinions and the author-
ities cited therein, we respectfully answer your question in
the negative.
Trusting that we have fully answered your inquiry, we
are
- -
Honorable Maurfce Bullock, page 3 o-3119
Yours very truly
ATTORNEY GENERAL OF TEXAS
By s/Ardell Williams
Ardell Williams
Assistant
AW:GO:wc
ENCLOSERE
APPROVED FF3 12, 1941
s/Gerald C, Mann
ATI'O~NEY GENERAL OF TEXAS
Approved Opfnfon CommF,t,teeBy s/BwB Chairman